Roberts v. State

District Court of Appeal of Florida

Roberts v. State

421 So. 2d 554, 1982 Fla. App. LEXIS 21186

CourtDistrict Court of Appeal of Florida

DecidedSeptember 22, 1982

DocketNo. 82-414

StatusPublished

This text of 421 So. 2d 554 (Roberts v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roberts v. State, 421 So. 2d 554, 1982 Fla. App. LEXIS 21186 (Fla. Ct. App. 1982).

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PER CURIAM.

Roberts appeals from the denial of his motion to vacate his judgment and sentence, filed under the authority of Florida Rule of Criminal Procedure 3.850, alleging that his guilty plea was involuntary. The motion shows on its face that an earlier motion challenging the voluntariness of the plea was denied by the trial judge because of lack of evidence to support Roberts’ allegations. The denial was affirmed on appeal. As to this ground, Roberts’ present motion is duplicitous and was properly denied. Doerr v. State, 275 So.2d 592 (Fla. 4th DCA 1973).

The only allegations concerning ineffectiveness of Roberts’ counsel deal with counsel’s pursuit of Roberts’ claim for post-conviction relief and are not proper grounds for setting aside his judgment and sentence.

AFFIRMED.

ORFINGER, C.J., and COWART, J., concur. SHARP, J., dissents with opinion.

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PER CURIAM.

Roberts appeals from the denial of his motion to vacate his judgment and sentence, filed under the authority of Florida Rule of Criminal Procedure 3.850, alleging that his guilty plea was involuntary. The motion shows on its face that an earlier motion challenging the voluntariness of the plea was denied by the trial judge because of lack of evidence to support Roberts’ allegations. The denial was affirmed on appeal. As to this ground, Roberts’ present motion is duplicitous and was properly denied. Doerr v. State, 275 So.2d 592 (Fla. 4th DCA 1973).

The only allegations concerning ineffectiveness of Roberts’ counsel deal with counsel’s pursuit of Roberts’ claim for post-conviction relief and are not proper grounds for setting aside his judgment and sentence.

AFFIRMED.

ORFINGER, C.J., and COWART, J., concur. SHARP, J., dissents with opinion.

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421 So. 2d 554, 1982 Fla. App. LEXIS 21186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-fladistctapp-1982.

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